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NYNEX CORP. v. DISCON, INC.

No. 96-1570.

525 U.S. 128 (1998)

NYNEX CORP. et al. v. DISCON, INC.

United States Supreme Court.

Decided December 14, 1998.

Attorney(s) appearing for the Case

James R. Young argued the cause for petitioners. With him on the briefs were John Thorne, Richard G. Taranto, Guy Miller Struve, James D. Liss, and Vincent T. Chang.

Deputy Solicitor General Wallace argued the cause for the United States as amicus curiae. With him on the brief were Solicitor General Waxman, Assistant Attorney General Klein, Deputy Assistant Attorney General Melamed, Barbara McDowell, Catherine G. O'Sullivan, Mark S. Popofsky, and Debra A. Valentine.

Lawrence C. Brown argued the cause for respondent. With him on the brief was John H. Ring III.*

Breyer, J., delivered the opinion for a unanimous Court.

Justice Breyer, delivered the opinion of the Court.

In this case we ask whether the antitrust rule that group boycotts are illegal per se as set forth in Klor's, Inc. v. Broadway-Hale Stores, Inc., 359 U.S. 207, 212 (1959), applies to a buyer's decision to buy from one seller rather than another, when that decision cannot be justified in terms of ordinary competitive objectives. We hold that the per se group...

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